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tv   FOX5 News at 1100pm  FOX  February 8, 2016 11:00pm-11:30pm PST

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into something that didn't happen, and they used it in court to convict her of a crime she didn't commit. " a woman in prison for more than a decade... for a murder she says she didn't commit. in a fox5 special investigation... what evidence was used to convict her, and why some say it was lacking. plus... " nats at vigil" scary moments at a vigil to honor a toddler killed in a hit and run crash. the driver still on the run tonight. and see what one man might have to do... after a sex offender steals his identity this is fox5 news at 11. local las vegas. a two year old killed in a hit and run crash... right in front of her mother. i'm christine maddela. i'm john huck. tonight a vigil mourning the child almost turned violent. fox5's miguel martinez is at the scene. miguel, why were the police called? the family was understandably shaken up tonight during the vigil. the mother of evelyn green was
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through anger. and as family tension built up, the police were called to prevent a fight. vicki green, mother: "january 8th, my baby just turned two, that man took my baby and left, what you mean." vicki green was inconsolable as she mourned the death of her baby girl evelyn... " my daughter, i'm holding my daughter in my hands dead, what you mean." dozens of family members and neighbors lit candels and joined in prayer over the loss of innocent almost turned ran high, north las vegas police were called to the vigil after reports of yelling into a fight no violence took members of two- surrounded her mother and father, trying to calm them, and show their support... bonita harris, aunt " its very emotional
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unexpected and when tragedy strikes its hard." the man responsible for evelyn's death is still on the loose, he's described as a hispanic man in his mid 40's, he was driving a white van with no windows at the time of the hit and run. erica green, aunt "he's gonna have to live with it, he's gonna have to dream with it, he's gonna have to breath with it every single day." as the family grieves, evelyn's father and mother are just hoping for justice for their little girl... joshua green, father "he's a sucker for that, to jump in the car and leave, turn yourself in man, you have to bro." vicki green, mother " i just want justice for my baby, i want my baby back. right now" during the vigil, the mother said she left for the hospital before the driver fled from the scene. there has been some talk of one of the neighbors telling the driver to take off. but one witness told me she was helping the
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child was hit. she remembers telling her to go to the hospital and trying to keep the driver from leaving. she even yelled after him to stop when he took off. live, miguel martinex, fox5 news, local las vegas. we have how you can help the family in this website, fox5 vegas dot com. it's on the home if you saw night.. or have any information that could lead police to that driver.... you can leave an call crime stoppers 702-385- 5555. outbreak is a major concern in
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nevada, health officials are on the lookout for potential cases. "we dont have it here in clark county do have it in california in arizona theres chance we could get it but we know where it could enter the county mostly places like plant centers nurseries so on so we are actively monitoring for the specific mosquito but we havent found it yet." the health district says its testing a few people who have some of the symptoms, like fever and joint pain. they say the type of mosquito that transmits the virus isn't found in our area. but it can be sexually transmitted... which is why people who have been to affected countries are asked to not donate blood for several weeks. former and current solar employees are fighting for customers to keep their lower solar rates. "there is no "doesn't work", this will work. we've got more than 30 thousand signatures collected, over 2 weeks nevadans
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out, they'll speak out again in november. " hundreds of people rallied outside a "public utilities commission" meeting today. regulators are debating whether existing solar rooftop customers should be "grandfathered" into their lower rates. demonstrators wheeled in more than 30 thousand petitions from people worried about their rates going up. the p-u-c is expected to make a decision later this week. a veteran... can't find a job.. because a sex offender stole his identity. he didn't even know it had happened until he got pulled over by a cop one day... and now four years later.. he's still living in this personal hell.. he can't even coach his daughter's basketball team because he's flagged as a sex offender... fox five's elizabeth watts live in the newsroom with more on what happened.. these two men share the same first and last name and birthday... but this man is a sex offender.... and started using this man's middle name to get things done... and as a result-
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is living a nightmare... it's been tough on me and my family this man is looking for work to help support his family... but they have to rely only on his wife's income... because a sex offender stole his identity. eric james morgan- started using eric alan morgan's name as an alias... he didn't even realize it had happened until a cop pulled him over for speeding in 2012... and acted like he was a criminal at first... eric morgan/victim of identity theft he asked me do you know you're a sex offender. i said no that is not the case. i just got out of the military. officer was able differences in looks and stature- he sent with a warning... morgan started offender database. eric morgan/victim of identity theft i immediately went in there and took a look. sure enough when i punched in my name first and middle name this gentlement came up, eric james morgan, offender used his
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fraud- but maybe to get housing or a job. but that act- caused morgan's name to be flagged and permantly thrown in the database. he tried to clear things up starting where the offense happened with missouri highway patrol.. they said we regretably feel sorry for your situation however there's nothing you can do about it. four years later- morgan can't pass a background check. las vegas defense group attorney michael becker says- this is problematic and one reason why he's against the registry: michael becker/las vegas defense group once mistakes are made it's going to be really difficult to try and clear up mistakes and there are some people that get caught up as collateral damage he suggests morgan files a restraining order against the state sex registry and try to get his name off.. but it could be costly with bad results... michael becker/las vegas defense group if he can't succeed in doing that ask the court to issue some type of order to carry around and show there's been a mistake and he has not been convicted of a sex crime. he could use that document when applying for jobs.. but that's not exactly the best
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when trying to get hired... an attorney the veteran spoke with suggested he legally change his name... but not many people including morgan want to do that.. he just finished a degree in small business management by the way.. his wife's also a navy veteran by the way- she's a social worker at the v-a hospital.. they just hope someone will hire him soon... as it seems this may never be resolved. live in the newsroom ew ffn llv. the sex offender in this case- eric james morgan-.. was convicted of sexual battery in omaha nebraska back in the late 90's. he was 15 years old. his victim was three. southwest airlines is known for announcing cheap ticket prices frequently on its facebook page. but one deal involving las vegas turned out to be too good to be true. social media users got excited when they saw southwest was
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tickets to las vegas. winners would get 4 tickets each, plus five thousand bucks to spend here. these "sweepstakes" hoaxes are not only fake, they are an easy way for scammers to get your identity. crooks prey on people by using a company's logo and offering a deal similar to what they would normally give online followers. a woman trying to get justice, for a murder she says she didn't commit. and there's a lot of questions, over how both of her trials were handled. " don't listen to me, don't listen to anyone else, look at the evidence and form your own opinion. " we're continuing part two, of our special fox5 investigation, "guilty until proven innocent." your fox5 weather 24/7 forecast is
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the american people can't afford to wait for ideas that sound good on paper, but will never make it in the real world. the grandmother who has to choose between paying for medicine and paying rent can't wait. a single mom who desperately needs a raise can't wait. a student with a mountain of debt can't wait.
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who need it.
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2001 las vegas metro police detectives were tasked with solving a truly unusual crime. a man was found beaten to death and had his genitals cut off. an 18 year old girl was convicted of the brutal murder in 2002... but the nevada supreme court stepped in on her behalf. fox 5's cyndi lundeberg has the second part of our investigation... 'guilty until proven innocent'. we do want to warn you, some parts of this story are disturbing. cyndi: kirstin blaise lobato was convicted in the killing of a homeless man and in december 2005 she was free. but the question everyone wondered was for how long.. nats- this is her after her first trial while waiting for her second trial blaise lobato lived with michelle ravel who she
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mother. nats- theres a bunch of boxes over here michelle ravell- (on blaise being out before 2nd trial) it was so wonderful to have her out we took her shopping she didn't want anything blue because that's what they wear in prison lobato's 2002 conviction was overturned by the nevada supreme court. justices ruled judge valorie vega made errors that deprived lobato of a fair trial. mainly they found lobato's lawyers should have been able to cross examine the jailhouse snitch the prosecution presented. lobatos lawyers were able to prove that the woman korrinda martin told prosecutos she would testify but wanted to be released early from prison... phillip kohn- she would do whatever it took to get out of jail she would lie to sentencing court she would lie to this court whatever it took to get out lobatos second trial begins september 11th 2006. she is again assigned judge vega for the case. phillip kohn- the law in the state of
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judge who does the first trial do the second trial if the trial has been reversed by the supreme court that's the law becki larry-when you get it wrong in the first trial it should not go back to the same judge because now the judge has an attitude problem the prosecutors got an attitude problem heading into trial lobatos defense gathered a lot of new evidence. they found 14 witnesses placing her in panaca the night of the murder they found pubic hair that was not lobato's or the victims at the crime scene.. and maintained that lobato's attack in may in which she admitted to stabbing a man's groin had nothing to do with bailey's murder. steve moore, an fbi agent with more than 25 years and thousands of murder cases under his belt heard about labato's trial and wanted to get involved. steve moore- at the crime scene the body was covered by boxes and guess what was on those boxes footprints
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the victims blood the prosecution relied heavily on the testimony of laura johnson, a probation officer in labatos' home town of panaca. she became involved in the trial after calling metro police about labato's attack in may. we did try to contact johnson but were unsuccessful.... as for physical evidence against lobato they chalked that up to it was a messy crime scene. sometimes you find nothing at crimes scenes of perpetrators right? that's correct. you don't even know if the victim is there right? duran bailey was found beaten to death in a trash enclosure at the nevada state bank he was stabbed and had his penis completely cut off. the state reiterated multiple times that is was too coincidental that two different men could both have their penis' cut within six weeks of each other blaise- i figured that everything would come out in the wash it's not me everything was going to work out because i believed in the system prosecutors also
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blaise' statements about her attack...which they said was a confession to the murder. blaise-i think i was trying to cut it off... i dont know if i actually did here is then detective thowsen on the stand. thowsen- as we walked out her her mother had come- blaise spoke with her mother in front of us and she said to the effect of she did what she did and she had to pay for it" during the first trial detective thomas thowsen testified he made calls to emergency rooms and urologists in the las vegas area to verify lobato's story about her attack during the second trial he testified he had his secretary make those phone calls. fox 5 called las vegas metro police department and they said detectives do not get secretaries nor have they ever. steve moore- detective thowsen said tings that could not be backed up by his investigative report let me say that carefully he said
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find no evidence for and that i frankly doubt personally ever happened he said in court he had checked the hospitals.. he had checked all the people who might have treated him... to do that investigation would have taken him days if not weeks steve moore- if i spent weeks checking every doctor in the area i would've put that in file it would've been this thick kirstin blaise lobato is again convicted of the crime. this time lobato was found guilty of manslaughter and sexual penetration with a dead corpse. blaise- it's something i try not to think about or address at all because it's so overwhelming michelle ravell- there's no way to adequately describe how betrayed you feel not only by the verdict but by the fact all your life you're taught to believe that the truth is what everyone wants to hear an here she is telling the truth and it didn't set her free lobato's friends and family said the second conviction was even more difficult than the first one. becki larry- my
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for something she didn't commit and a murderer is running around out there because these guys didn't do their job but they didn't give up the hope she would one day be let out. michelle ravell- this is her habius petition in the petition lobato's legal team presents 24 grounds of new evidence.... the most interesting piece of new information comes for steven king. king's girlfriend diann parker was raped by duran bailey a week before bailey was found dead. steve moore- as an investigator i cannot understand why the investigation of the rape of diann parker the motive to go after duran bailey was not further investigated lobato filed another motion with the nevada supreme court in 2010 they are still waiting for an answer. becki larry- are they running out the clock? you better believe they are fifteen years after the crime.... vital pieces of dna have yet to be tested steve moore- there were also cigarette butts on top of the body which means it wasn't him he was already dead there's
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on those there's going to be dna and we begged them to test the dna and they wouldn't stephen jackson (on bill kephart) - these are powerful people. kepart) - if you say hey you messed this up and say hey you may have done not on the up and up and frankly shady when prosecuting this woman... that ruins careers the innocence project based in new york is also working on lobato's case. they have offered to pay for dna testing... seema saifee- if the results show the right person was convicted.... we'll be done. lobato's supporters also maintain the real killer or killers are still out there. and that's the most concerning part of all. fox 5 used a private investigator to track down one of the men who according to police reports threatened bailey before his death but was unable to speak to him. steve moore- i want every single thing
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there was a killer who wasn't a 5 foot 5 inch waif it wasn't her blaise- i would say don't listen to me don't listen to anyone else look at the evidence and the facts speak for themselves blaise is set to be released in 2021 her family says until that day theyre frozen in time. becki larry-you know what we do we visit our daughter in prison that's what we do on our vacations and its freaking horrible and i would rather be doing anything than that cyndi : the habius corpus petition filed by kirstin bliase lobato has sat in front of the nevada supreme court since 2010 her lawyers say they hope this means the justices are reviewing the evidence...however clark county say they will not be testing the dna. cyndi lundeberg fox 5 news local las vegas 225-thousand people have signed an online petition asking district attorney steve wolfson to test the d-n-a from this case...
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cigarettes and semen found inside the victim. wolfson declined our request to appear on camera. fox 5 also reached out to the detectives on the case... the prosecutors... and the judge valorie vega.... ... they all denied multiple requests to be interviewed. now fox5 weather 24..7. with chief meteorologist ted pretty we'll stay in the mid-70s for the workweek with a decrease down to around 70 degrees for the weekend. the high on wednesday at 74 degrees would tie a high temperature record set back in 2014, friday's high will be two degrees shy of a record. we'll pick up a few clouds for sunday into monday with a slight chance of showers expected
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high this time of year is 61. we'll stay in the mid-70s for the workweek with a decrease down to around 70 degrees for the weekend. the high on wednesday at 74 degrees would tie a high temperature record set back in 2014, friday's high will be two degrees shy of a record. we'll pick up a few clouds for sunday into monday with a slight chance of showers expected on monday
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high this time of year is 61. closed captioning
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